Can a Texas county give juvenile board members health insurance, and can the commissioners court later cut it off?

TX AG Opinion GA-0715: Can a county insure juvenile board members, and can it later stop?

Plain-English summary

The Grayson County Criminal District Attorney asked whether members of the county juvenile board, who are paid a yearly supplemental income, may be provided county medical insurance under section 157.002 of the Local Government Code. If so, he asked whether the commissioners court could keep county funds contributed to the juvenile board's budget from being used to buy that insurance.

The Juvenile Board of Grayson County is made up of the county judge and the district judges. The county had paid a salary supplement for board service and covered board members under the county's group health policy for about twenty years, which for the district judges meant a second policy on top of the medical insurance the State of Texas provides. The Attorney General agreed with a prior opinion that section 157.002(a) lets a county provide medical coverage for a district officer who draws a county salary, even a supplemental one, and treated district judges as "county and district officers."

The opinion rejected the idea that insurance could be tied to a judge's status as a district officer but not to membership on the juvenile board. Service on a juvenile board is an additional duty that grows out of the office of district judge and is coterminous with it, as the Texas Supreme Court recognized in Jones v. Alexander, which held that such service does not violate the dual office-holding bar. Because section 157.002(a) makes the coverage discretionary, the commissioners court may amend a standing rule to end board members' eligibility, even though it cannot dictate how the board spends its own budgeted funds. The opinion reached the same conclusion a second way: Human Resources Code section 152.0971 lets the commissioners court set board members' compensation, and "compensation" has been read to include benefits like insurance, so the court can discontinue coverage on that basis too.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The statutes governing county insurance and juvenile board compensation may have been amended since 2009. Confirm the current law before relying on the specific provisions cited here.

Who this opinion affected (as of 2009)

District judges serving on county juvenile boards: The opinion concluded that a judge paid a county salary supplement for board service could be provided county medical insurance under section 157.002, even when the State already provided a policy.

Commissioners courts: The opinion held that providing the coverage was discretionary, so the court could amend its rules to end board members' eligibility, and could also do so through its authority to set board members' compensation under section 152.0971.

County juvenile boards: The opinion noted that while the commissioners court could not direct how the board spent its budgeted funds, it controlled whether the insurance benefit existed at all.

Common questions

Can a county insure a district judge who sits on the juvenile board?
Yes, the opinion said. Section 157.002(a) lets a county provide medical coverage to a district officer paid from county funds, including a supplemental salary, and that covers a district judge serving on the board.

Does it matter that the State already insures the judge?
No. The opinion noted the district judges already had a state policy and still concluded the county could provide a second one under section 157.002.

Can the commissioners court take the insurance away?
Yes. The opinion explained the coverage is discretionary, so the court may amend a standing rule to end board members' eligibility.

Can the court control the board's own budget to do it?
The opinion said the commissioners court cannot direct how the board spends its budgeted funds, but it can end the benefit by rule or through its authority to set board members' compensation.

Background and statutory framework

Local Government Code section 157.002(a)(2) lets a commissioners court provide, by rule, medical care, hospitalization, and various insurance for "county and district officers" whose salaries are paid from county funds (Tex. Loc. Gov't Code Ann. § 157.002(a)(2) (Vernon 2008)). The opinion followed Tex. Att'y Gen. Op. No. DM-337 (1995) in reading subsection (a) to authorize coverage for a district officer paid even a supplemental county salary, and treated service on a juvenile board as an additional duty coterminous with the office of district judge (Jones v. Alexander, 59 S.W.2d 1080, 1082 (Tex. 1933); see Tex. Att'y Gen. Op. No. JM-1140 (1990)). Because subsection (a) makes coverage discretionary, the commissioners court may amend a standing rule to discontinue eligibility (Tex. Att'y Gen. Op. Nos. JC-0414 (2001), DM-337 (1995)). Human Resources Code section 152.0971(c) lets the court set board members' compensation, and "compensation" has been read to include benefits such as insurance (Tex. Att'y Gen. Op. Nos. GA-0449 (2006), GA-0130 (2003) (citing Friedman v. Am. Sur. Co., 151 S.W.2d 570, 578 (Tex. 1941)); see Tex. Att'y Gen. Op. No. DM-103 (1992)). A footnote contrasted section 152.0971, which does not define "compensation," with a juvenile board statute that expressly excludes health insurance from "salary" (Tex. Hum. Res. Code Ann. § 152.2561(j)).

Citations

Statutes:

• Tex. Loc. Gov't Code Ann. § 157.002(a), (a)(2) (Vernon 2008)
• Tex. Hum. Res. Code Ann. § 152.0971, (a), (c) (Vernon 2001), § 152.2561(j)

Cases:

• Jones v. Alexander, 59 S.W.2d 1080, 1082 (Tex. 1933)
• Friedman v. Am. Sur. Co., 151 S.W.2d 570, 578 (Tex. 1941)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0715
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0715.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT

May 12, 2009

The Honorable Joseph D. Brown
Grayson County Criminal District Attorney
Grayson County Justice Center, Suite 116A
Sherman, Texas 75090

Opinion No. GA-0715

Re: Whether members of a county juvenile board may participate in the county's group health insurance program (RQ-0766-GA)

Dear Mr. Brown:

Section 157.002 of the Local Government Code provides, in relevant part, that a "commissioners court by rule may provide for medical care and hospitalization and may provide for compensation, accident, hospital, and disability insurance for" various persons, including "county and district officers," "if their salaries are paid from the funds of the county." TEX. LOC. GOV'T CODE ANN. § 157.002(a)(2) (Vernon 2008). You ask whether juvenile board members who are paid a yearly supplemental income may be provided county medical insurance pursuant to section 157.002.[1] If yes, you then ask whether a commissioners court can prevent county funds contributed to the juvenile board budget from being used to purchase county medical insurance for board members. Request Letter at 1.

Your questions relate to the Juvenile Board of Grayson County (the "Board"), which is established by section 152.0971 of the Human Resources Code. TEX. HUM. RES. CODE ANN. § 152.0971 (Vernon 2001). The Board consists of the county judge and the district judges in Grayson County (the "County"). Id. § 152.0971(a). You explain that the Grayson County Commissioners Court (the "Commissioners Court") has, for the past twenty years, chosen to pay a salary supplement for service on the Board. See Request Letter at 1. You also explain that Board members have "been covered under the County's group health policy for approximately the past [twenty] years" and for the district judges, "this has provided a second health insurance policy, in addition to the medical insurance provided by the State of Texas." Id.

In the absence of any case law to the contrary, we agree with a previous attorney general opinion that concludes "section 157.002(a) authorizes a county to provide medical coverage for a district officer who receives a salary from county funds, even a supplemental salary." Tex. Att'y Gen. Op. No. DM-337 (1995) at 4-5. We assume, as you do, that "county and district officers" include district judges. Request Letter at 4. You contend, however, that while section 157.002 allows the County to provide insurance "on the basis of [an] individual's status as a district officer" it does not allow the provision of insurance "based on their status as a member of the Juvenile Board." Id. We find the suggested distinction unpersuasive. Service on a juvenile board is an additional duty imposed on district judges in certain counties and that duty is "coterminous [with that of judge] in that the district judge ceases to sit as a member of the juvenile board when his term of office expires." Jones v. Alexander, 59 S.W.2d 1080, 1082 (Tex. 1933) (holding that a district judge does not, by being a member of the juvenile board, violate the constitution's dual office-holding prohibition); see TEX. HUM. RES. CODE ANN. § 152.0971(a) (Vernon 2001). Thus, service on a juvenile board grows out of the office of a district judge. Cf. Tex. Att'y Gen. Op. No. JM-1140 (1990) at 3 (explaining that, historically, the payment to judges for service on the juvenile board has been considered salary for service rendered as a judge and has come within the limitations imposed upon the salary allowed a judge).

Section 157.002(a) expressly provides that a commissioners court has discretion to provide, by rule, county medical insurance for eligible individuals. TEX. LOC. GOV'T CODE ANN. § 157.002(a) (Vernon 2008). While the Commissioners Court may not direct the Board to utilize its budgeted funds in a specific way, the Commissioners Court may amend any standing rule to discontinue Board members' eligibility for County medical insurance coverage. See id.; Tex. Att'y Gen. Op. Nos. JC-0414 (2001) at 2 (concluding that under section 157.002, among other statutes, a commissioners court was not required to provide health insurance coverage to county officers such as a constable); DM-337 (1995) at 5 (explaining that whether the county provides medical insurance for judges "is a matter wholly within the discretion of the county commissioners court").

Moreover, Human Resources Code section 152.0971 expressly authorizes the Commissioners Court to set the amount of compensation Board members receive for service on the Board. TEX. HUM. RES. CODE ANN. § 152.0971(c) (Vernon 2001). Previous opinions of this office have explained that the term "compensation" includes benefits, such as insurance, provided to officers and employees.[2] See Tex. Att'y Gen. Op. Nos. GA-0449 (2006) at 2, GA-0130 (2003) at 2 (citing Friedman v. Am. Sur. Co., 151 S.W.2d 570, 578 (Tex. 1941)); see also Tex. Att'y Gen. Op. No. DM-103 (1992) at 2 (concluding that a juvenile board could not increase its salary where the commissioners court had express authority to set the salary of the board). Thus, section 152.0971 also permits the Commissioners Court to discontinue a Board member's eligibility for county medical insurance coverage.

SUMMARY

A district judge serving as a juvenile board member and who is paid a supplemental income by the county for service on the board may be provided county medical insurance pursuant to Local Government Code section 157.002. A commissioners court, however, has discretion to discontinue, by rule, coverage for board members. Moreover, the Grayson County Commissioners Court has authority to determine whether members of the Juvenile Board of Grayson County are provided medical insurance because of the Commissioners Court's express authority to set the compensation of Board members.

Very truly yours,

GREG ABBOTT
Attorney General of Texas

ANDREW WEBER
First Assistant Attorney General

JONATHAN K. FRELS
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Christy Drake-Adams
Assistant Attorney General, Opinion Committee

[Footnote 1: See Request Letter at 1-2 (available at http://www.texasattorneygeneral.gov).]

[Footnote 2: Section 152.0971 does not define the term "compensation." See TEX. HUM. RES. CODE ANN. § 152.0971 (Vernon 2001). This is in contrast to the statutory scheme of at least one juvenile board, which expressly addresses whether the term "salary" includes health insurance. See id. § 152.2561(j) ("For purposes of this subsection, 'salary' means only the fixed compensation paid to an employee and does not include health insurance, allowances, or any other benefit.").]